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Full-Text Articles in Law
What The Erie Surrogate Triplets Can Teach State Legislatures About The Need To Enact Article 8 Of The Uniform Parentage Act (2000) , Robert E. Rains
What The Erie Surrogate Triplets Can Teach State Legislatures About The Need To Enact Article 8 Of The Uniform Parentage Act (2000) , Robert E. Rains
Cleveland State Law Review
This Article will explain the protracted legal battles over the "surrogate triplets" and explore potential legislation designed to avoid such battles in the future. While reasonable minds could certainly differ as to the wisdom of the legislative scheme proposed in Article 8 of the UPA (2000), or as to some of its details, surely it would be a vast improvement over the current situation in which most state legislatures have failed to address surrogacy through statutes and those that have done so have failed to act in a uniform manner. As the Erie triplets case amply demonstrates, the state courts …
Rights And Realities, Laura A. Rosenbury
Rights And Realities, Laura A. Rosenbury
UF Law Faculty Publications
The author responds to Melissa Murray's article, The Networked Family: Reframing the Legal Understanding of Caregiving and Caregivers, 94 Va. L. Rev. 385 (2008).
Parents As Hubs, Clare Huntington
Parents As Hubs, Clare Huntington
Faculty Scholarship
In her provocative article The Networked Family: Reframing the Legal Understanding of Caregiving and Caregivers, Professor Melissa Murray offers a much-needed corrective to the view that families are “autonomous islands” and argues that the law should recognize the networks of care provided by nonparental caregivers.I wholeheartedly agree with Professor Murray that the law should support families in providing care. I am also deeply sympathetic to the claim that family law is overly reliant on binary opposites — here, the mutually exclusive categories of parent and legal stranger — that do not capture the complex reality of family life. And …
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wisconsin v. Yoder (decided in 1972) has changed the constitutional landscape of custody cases - - and it has done so in a way that is unsound both as a matter of law and policy. Following Yoder, most courts require a showing of harm to the child, or a substantial threat of harm to the child, before placing any restrictions on exposure to a parent’s religious beliefs and practices. This harm standard leaves children in an untenable position when parents compete for “spiritual custody,” …